BNS Section 338: Forgery of Valuable Security, Will, etc
Section 338 falls under Chapter 18 of the Bharatiya Nyaya Sanhita (BNS). Chapter 18 covers offences relating to documents and to property marks. Each section under this chapter deals with different offences related to various property related crimes. Section 338 specifically deals with making forgery of valuable documents. Let us take a closer look at its provisions.
Definition of BNS Section 338
Section 338 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Explanation and Illustration of BNS Section 338
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of forging valuable documents. Let us break down the section to get a better understanding of it.
Offence
This section provides for forgery of high value documents. For the purposes of this section, a valuable document is:
a valuable security or
a will, or
an authorisation to adopt a child, or
a document which authorises a person to make or transfer any valuable shares and securities, or
a document which authorises a person to receive the principal, interest or dividends on shares and securities, or
a document which authorises a person to receive or deliver any money, movable property, or valuable security, or
any document that serves as an acquittance or receipt acknowledging the payment of money, or
any document that serves as an acquittance or receipt for the delivery of any movable property or valuable security.
Any person found guilty of forging any of the documents listed above shall be considered an offender under the provisions of this section.
Punishment
Any person found guilty of forging valuable documents shall be punished with imprisonment for life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
The above actions may not be an offence under this section if:
The offender is forced or coerced into performing the offence
The offender is a minor or not of sane mind.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
A, an accountant with access to valuable documents of his client Z, forges the share certificates of various security investments owned by Z in order to secure a loan by presenting the forged certificates as a collateral. A is an offender under the provisions of Section 338.
Key Points in BNS Section 338
This section deals with: Forgery of valuable security, will, etc.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 338 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 338 of BNS replaces Section 467 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 338 | Forgery of valuable security, will, etc. | 467 | No change in provision for offence |
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FAQs about Section 338 of the Bharatiya Nyaya Sanhita (BNS)
What does Section 338 state about forging valuable documents?
Any person committing forgery in order to misappropriate any valuable property shall be considered an offender under this section.
What are the penalties for forging wills or securities?
Any person found guilty of forging valuable documents shall be punished with imprisonment for life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Can forged wills be challenged in court?
Yes. Forged will can be challenged in court under Section 338.
What is the legal process for proving forgery under this section?
By proving that parts or the whole of the forged document has inaccurate or false details, forgery can be proven under section 338.
